Chapter 2
LIQUOR CONTROLlinklink

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4-2-1: SHORT TITLE:
4-2-2: DECLARATION OF POLICY:
4-2-3: DEFINITIONS:
4-2-4: LICENSE REQUIRED:
4-2-5: LICENSE CLASSIFICATION:
4-2-6: LICENSE RESTRICTIONS:
4-2-7: LICENSE FEES:
4-2-8: LICENSE FEE PAYMENT AND TERM:
4-2-9: LICENSE APPLICATION:
4-2-10: INVESTIGATION OFFICER:
4-2-11: LICENSE BOARD:
4-2-12: ISSUANCE OF LICENSE:
4-2-13: RENEWAL OF LICENSE:
4-2-14: CHANGE OF LOCATION:
4-2-15: SALE, ASSIGNMENT OR TRANSFER OF LICENSE:
4-2-16: DISCONTINUANCE OF BUSINESS:
4-2-17: INSPECTIONS:
4-2-18: SUSPENSION OR REVOCATION OF LICENSE:
4-2-19: DISPOSITION OF FEES:
4-2-20: SALE TO MINORS; CERTAIN PERSONS:
4-2-21: EMPLOYMENT OF MINORS:
4-2-22: PENALTIES FOR VIOLATIONS:

4-2-1: SHORT TITLE:linklink


This Chapter may be cited as THE BOULDER CITY, NEVADA, LIQUOR CONTROL ACT. (Ord. 344, 8-5-1969, eff. 9-8-1969)
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4-2-2: DECLARATION OF POLICY:linklink

It is hereby found and declared that the public health, safety, morals and welfare of the inhabitants of the City require the regulation and control of all persons engaged in the business of alcoholic liquor sales. All such persons, as hereinafter defined, shall be licensed and controlled so as to protect the public health, safety, morals, good order and general welfare of the inhabitants of the City, and to safeguard the public. It is hereby further found and declared that the right to obtain such license is a privilege and that operation of such liquor sales facility, when authorized by such license, is a privileged business subject to regulations, and that the license may be revoked for violation of the conditions of this Chapter. (Ord. 344, 8-5-1969, eff. 9-8-1969)
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4-2-3: DEFINITIONS:linklink

Whenever used in this Chapter, the following words shall have the meaning described in this Section, unless the context clearly indicates a different meaning:

ALCOHOL: A product of distillation of any fermented liquor, rectified either once or more often, whatever may be the origin thereof, and includes synthetic ethyl alcohol.

ALCOHOLIC LIQUOR: Includes the four (4) varieties of liquor, namely, alcohol, spirits, wine and beer, and every liquid or solid, patented or not, containing alcohol and intended for consumption by human beings as a beverage, containing one-half of one percent (.5%) or more of alcohol by volume and which is used for beverage purposes either alone or when diluted, mixed or combined with other substances.

ALCOHOLIC LIQUOR LICENSE: These words are used in this Chapter interchangeably with and to indicate any one of the following licenses:

Club license
Club limited license
Cocktail lounge license
Cocktail lounge limited license
Import-wholesale license
Package license
Package limited license
Service bar license
Special event license
Special event limited license
Tavern license
Tavern limited license

BEER: Any alcoholic liquor obtained by the fermentation of an infusion or concoction of malt, barley and hops in drinking water.

BEVERAGE: A liquid for drinking.

CLUB: An association of persons, whether incorporated or unincorporated, for the promotion of some common object; provided, that such club shall be chartered under, or a duly recognized affiliate of, a national service association or organization, but not including associations organized for any commercial or business purpose, the object of which is money profit, owning, hiring or leasing a building or space in a building of such extent and character as may be suitable and adequate for the reasonable and comfortable use and accommodation of its members and their guests.

COOLER: Any prebottled alcoholic beverage, other than beer or wine, that is a distillate obtained from the fermentation of the natural contents of fruits or other agricultural products containing natural or added sugar, which does not exceed ten percent (10%) by volume or twenty (20) proof and is clearly labeled as such in original sealed packages.

HOTEL AND MOTOR HOTEL: Every building or other structure kept, used, maintained, advertised and held out to the public to be a place where sleeping accommodations are offered for adequate pay to travelers and guests, whether transient, permanent or residential, and where food is actually served and consumed, in which rooms are used for the sleeping accommodations and dining rooms are being conducted in the same building or buildings in connection therewith and such building or buildings, structure or structures are being provided with adequate and sanitary kitchen and dining room equipment and capacity.

IMPORTER: The first person in possession of alcoholic liquor within the City after completion of the act of importation of such alcoholic liquor into the State of Nevada.

INVESTIGATION OFFICER: The Investigation Officer shall be the Police Chief or his designated representative.

LICENSE APPLICATION OR APPLICATION FOR LICENSE: Includes an initial application for any alcoholic liquor license, an application for renewal and an application for change of location.

LICENSE BOARD: The License Board shall be composed of the City Clerk, City Manager and City Attorney, or their designated representatives. The City Manager shall designate a secretary to the License Board.

LICENSE OFFICER: The Finance Director or his designated representative shall be the License Officer.

LICENSEE: Any natural person, partnership, association, firm, corporation or other legal entity to whom a valid alcoholic liquor license has been issued.

PACKAGE: Any container or receptacle used for holding alcoholic liquor, which container or receptacle is corked or sealed (which shall mean closed with any stub, stopper or cap, whether made of cork, wood, glass or metal, or any other substance) and includes boxes, cans, cases or kegs.

PERSON: Any natural person, partnership, association, firm, corporation or other legal entity.

RESTAURANT: A space in a suitable building kept, used, maintained, advertised or held out to the public to be a place where meals are served at tables or counters, and which has adequate and sanitary kitchen and dining room equipment and capacity, and having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.

RETAIL SALE: The sale for use or consumption and not for resale.

SALE, SELL OR TO SELL: Means and includes any of the following: to exchange, barter, possess or traffic in; to solicit or receive an order for; to keep or expose for sale; to serve with meals; to deliver for value or in any way other than gratuitously; to peddle; to possess with intent to sell; to distribute or transfer to anyone for sale or resale; to possess or transport in contravention of this Chapter; to traffic in for any consideration, promised or obtained directly or indirectly; or to procure or allow to be procured for any reason.

SERVICE BAR: A bar wherein drinks are prepared for service only and does not permit sales direct to customers at such bar.

SPECIAL EVENTS: A specific occurrence for a certain time being of not more than a week's duration.

SPIRITS: Any alcoholic liquor which contains alcohol obtained by distillation, mixed with drinkable water and other substances in solution, including rum, brandy, whiskey, vodka and gin, and which is used for beverage purposes, either alone or when diluted, mixed or combined with other substances.

TAVERN: A place where alcoholic liquors are sold at retail by the drink only for consumption only on the premises where sold and not for resale in any form. No other business may be operated in the same building with a tavern except that in such tavern cigars, cigarettes, tobacco, nuts, jerky, popcorn, potato chips, pretzels, snacks and similar food products may be sold or given away. The operation of a "short order" food counter or lunch counter in the same building or in conjunction with the bar shall be prohibited.

WINE: Any alcoholic liquor obtained by the fermentation of natural sugar contents of fruits or other agricultural products containing sugar, including fortified wines such as port, sherry and champagne.

WHOLESALER: A person licensed to sell alcoholic liquor in original packages to retail liquor establishments, or to another licensed wholesaler, but not to sell to the consumer or general public. (Ord. 344, 8-5-1969, eff. 9-8-1969; amd. Ord. 380, 10-18-1970, eff. 11-16-1970; Ord. 909, 11-10-1992; 1995 Code)
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4-2-4: LICENSE REQUIRED:linklink

It shall be unlawful for any person to sell or give away any alcoholic liquor within the City limits without first making application for and securing a license so to do, except under the following conditions:


A. Private Family: Such alcoholic liquors and beverages may be served by a private family in its home as a part of its family life.


B. Druggist: Any alcoholic liquors of pure alcohol may be sold or given away by a regularly licensed druggist for medicinal, mechanical or scientific use.


C. Physicians For Medicine Preparation: Any alcoholic liquors may be used by physicians, surgeons, apothecaries or chemists for the preparation or compounding of medicines.


D. Gifts: Any alcoholic liquor may be given away by a person as a gift; provided, such gift is not offered for resale in any form or as a prize for any organized drawing, raffle, door prize or similar event. (Ord. 344, 8-5-1969, eff. 9-8-1969)


E. Public, Private Area Not Open To Public: Any alcoholic liquors may be served or given away for consumption only on the premises in a public or private area, provided the affair is limited to the members of the organization and the general public is not invited. (Ord. 418, 8-24-1971, eff. 9-27-1971)

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4-2-5: LICENSE CLASSIFICATION:linklink

Alcoholic liquor licenses shall be divided into the following classes:


A. Class A: Class A tavern license, which shall permit the retail sale of alcoholic liquor for consumption only on the premises where sold, and not for resale in any form, in an establishment as defined in Section 4-2-3 of this Chapter. (Ord. 344, 8-5-1969, eff. 9-8-1969)

1. There shall be one tavern license for each five thousand (5,000) persons residing within the City. Nothing herein shall be construed to require the approval of an application for a tavern license simply because one may be available for issuance, and the License Board may withhold the issuance of such license, in its sole discretion, and for any reason whatsoever. (Ord. 830, 6-5-1987, eff. 7-15-1987)

2. The population of the City for the purposes of this license classification may be determined from time to time by the City Council by any formula deemed sufficient by the City Council, and when so determined, the population shall be presumed to remain the same until the next population determination. (Ord. 344, 8-5-1969, eff. 9-8-1969; amd. 1995 Code)


B. Class A-1: Class A-1 tavern limited license, which shall permit the retail sale of only beer, wine and coolers for consumption only on the premises where sold, and not for resale in any form, in an establishment as defined in Section 4-2-3 of this Chapter. (Ord. 909, 11-10-1992)


C. Class B: Class B cocktail lounge license, which shall permit the retail sale of alcoholic liquor for consumption only on the premises where sold, and not for resale in any form in an establishment operated in conjunction with some other related business which is the principal business in accordance with the definitions stipulated in Chapter 1 of this Title. Off-street parking spaces shall be provided for at least one-half (1/2) the number of customers to be served at the bar and/or tables.

1. The sale of alcoholic liquor in such establishments shall be permitted only if such sales are consolidated in a separate area to facilitate supervision and control of such sales. (Ord. 344, 8-5-1969, eff. 9-8-1969)


D. Class B-1: Class B-1 cocktail lounge limited license, which shall permit the retail sale of only beer, wine and coolers for consumption only on the premises where sold and not for resale in any form, in an establishment operated in conjunction with some other related business which is the principal business in accordance with the definition stipulated in Chapter 1 of this Title.

1. The sale of alcoholic liquor in such establishments shall be permitted only if such sales are consolidated in a separate area to facilitate supervision and control of such sales. (Ord. 909, 11-10-1992)


E. Class C: Class C service bar license, which shall permit the preparation of alcoholic liquor drinks for hotel room service or for service at tables in restaurants, or for service to customers in recreational facilities, and does not permit sales direct to the customers at such bar.


F. Class D: Class D package license, which shall permit the retail sale of alcoholic liquor in original sealed packages for consumption only off the premises where sold, and not for resale in any form. (Ord. 344, 8-5-1969, eff. 9-8-1969)

1. The package sale of alcoholic liquor shall be permitted only if such packages are consolidated in a separate area to facilitate supervision and control of such packages, except that beer and wine may be consolidated in separate areas. (Ord. 533, 4-22-1975, eff. 5-27-1975; amd. Ord. 645, 11-14-1978, eff. 12-6-1978)


G. Class D-1: Class D-1 package limited license, which shall permit the retail sale of only beer, wine and coolers in original sealed packages for consumption only off the premises where sold and not for resale in any form. (Ord. 909, 11-10-1992)

1. The package sale of alcoholic liquor shall be permitted only if such packages are consolidated in separate areas to facilitate supervision and control of such packages. (Ord. 533, 4-22-1975, eff. 5-27-1975; amd. Ord. 645, 11-14-1978, eff. 12-6-1978)


H. Class D-2: Class D-2 package special license, which shall permit the retail sale of alcoholic liquor in original sealed packages of less than four (4) fluid ounces, or the metric equivalent, for consumption only off the premises where sold and not for resale in any form.

1. The special package sale of alcoholic liquor shall be permitted only if such packages are consolidated in separate areas to facilitate supervision and control of such packages. (Ord. 645, 11-14-1978, eff. 12-6-1978)


I. Class E: Class E import-wholesale license, which shall permit the maintenance of a wholesale liquor establishment within the city for sale to licensed retail liquor establishments or licensed wholesalers, but not to the consumer or general public.

1. No class E import-wholesale license shall be issued to or be operated by any person who does not possess a valid and effective permit, license, certificate or other authorization from the state entitling such person to import or wholesale alcoholic liquor.

2. Every import-wholesale liquor establishment shall keep a record of the retail city liquor license number of each and every person to whom any sale of alcoholic liquor is made, and shall keep an invoice on each and every sale three (3) years from date of sale. Such records shall be open to inspection by the city at all times during business hours. (Ord. 344, 8-5-1969, eff. 9-8-1969; amd. Ord. 645, 11-14-1978, eff. 12-6-1978)


J. Class F: Class F club license, which shall permit the retail sale of alcoholic liquor to members of the club or guests of such members for consumption only on the premises where sold and not for resale in any form.

1. A class F club license shall be issued only to a regularly organized club as hereinbefore defined. The license board shall be satisfied that the club applying for such license was actually and in fact organized for some purpose or object other than the consumption of alcoholic liquor.

2. There shall be filed with the application for a class F club license a true and complete list, in duplicate, containing all the names and addresses of the officers and board members of the club, which list shall be supplemented at the end of every fiscal year (June 30) with the names of new officers and board members elected to the club and the names of officers and board members dropped. (Ord. 1357, 6-24-2008, eff. 7-9-2008)


K. Class F-1: Class F-1 club limited license, which shall permit the retail sale of only beer, wine and coolers to members of the club or guests of such members for consumption only on the premises where sold and not for resale in any form.

1. The provisions for filing of a membership list, and the subsequent supplements thereto, are hereby waived for a class F-1 club limited license. (Ord. 909, 11-10-1992)


L. Class G: Class G special event license, which shall permit the retail sale of alcoholic liquor for consumption only on the premises and not for resale in any form at such location and as specified on such license for a period of not more than one week; provided, that the application shall have first been approved therefor.

1. The license board may restrict or regulate the activities of the licensee to the extent necessary to protect the public peace, safety and welfare. (Ord. 344, 8-5-1969, eff. 9-8-1969; amd. Ord. 645, 11-14-1978, eff. 12-6-1978)


M. Class G-1: Class G-1 special event limited license, which shall permit the retail sale of only beer, wine and coolers for consumption only on the premises and not for resale in any form at such location and as specified on such license for a period of not more than one week; provided, that such application shall have first been approved therefor.

1. The license board may restrict or regulate the activities of the licensee to the extent necessary to protect the public peace, safety and welfare. (Ord. 909, 11-10-1992)

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4-2-6: LICENSE RESTRICTIONS:linklink

No license shall be issued to a person:


A. Who is under the age of twenty one (21) years.


B. Who does not possess, or who does not have a reputation for possessing, a good moral character.


C. Who has been convicted of a felony or gross misdemeanor. (1995 Code)


D. Who has been convicted of a violation of any federal or state law concerning the manufacture, possession or sale of alcoholic liquor, or who shall have forfeited his bond to appear in court to answer charges for any such violation.


E. Whose license under this chapter has been revoked for cause.


F. Who does not own the premises for which a license is sought, or does not have a lease thereon for the full period for which the license is issued.


G. Whose place of business is conducted by a manager or agent unless said manager or agent possesses the same qualifications required of the licensee.


H. Who is a member of a partnership unless all of the members of such partnership shall be qualified to obtain a license.


I. Who is an officer, director or stockholder owning in the aggregate more than fifteen percent (15%) of the stock of such corporation who would not be eligible to receive a license hereunder for any reason other than citizenship.


J. Who is a law enforcing member of the police department, the city attorney, city magistrate, city clerk or city manager. (Ord. 830, 6-23-1987, eff. 7-15-1987; amd. 1995 Code)


K. To authorize or allow the gift or distribution of alcoholic liquor or beverages by means of organized drawings, raffles, free or complimentary tickets, or trading stamps, and no advertising of any such proposed gift or distribution shall be permitted at any time. (Ord. 344, 8-5-1969, eff. 9-8-1969)


L. For a motel location, unless restaurant facilities are being conducted in connection therewith. (Ord. 350, 9-23-1969, eff. 10-27-1969; amd. Ord. 645, 11-14-1978, eff. 12-6-1978)


M. A class A tavern license or a class A-1 tavern license limited shall not be issued to an establishment located within four hundred feet (400') of any schoolhouse or place wherein a public school is conducted or within four hundred feet (400') of any church, or to licensees engaged in the business of selling alcoholic liquors in an approved location which would become a prohibited location by reason of the establishment of a church or public school within four hundred feet (400') of such approved location. (Ord. 1353, 4-22-2008, eff. 5-14-2008)

1. Notwithstanding the foregoing provisions, a class G special event license and a class G-1 special event limited license may be issued for a location within four hundred feet (400') of any school or church property subject to any restrictions or regulations which the license officer determines necessary to protect the public peace, safety and welfare. (Ord. 664, 10-23-1979, eff. 11-14-1979; amd. 1995 Code)


N. For the sale at retail of any alcoholic liquor at any store or other place of business where the majority of customers are minors of school age or where the principal business transacted consists of schoolbooks, school supplies, food, lunches or drinks for such minors. (Ord. 344, 8-4-1969, eff. 9-8-1969; amd. Ord. 645, 11-14-1978, eff. 12-6-1978)


O. To allow the sale of alcoholic liquor in any land use zone as defined by the zoning title, except as follows:

1. A class G or G-1 license may be issued for a special event in any zone subject to such restrictions or regulations necessary to protect the public peace, safety and welfare.

2. The sale of alcoholic liquor in any land use zone may be allowed for public and private noncommercial recreational areas and facilities, such as country clubs, golf courses or similar facilities, subject to such restrictions or regulations necessary to protect the public peace, safety and welfare. (Ord. 475, 6-26-1973, eff. 7-30-1973; amd. Ord. 645, 11-14-1978, eff. 12-6-1978)


P. Unless the required health permit for food and drink establishments has first been granted by the health officer.


Q. Unless, at all times while any alcoholic liquor licensed premises are open for business, the interior lighting therein shall be sufficient to make easily discernible upon immediately entering the main entrance the appearance and conduct of all persons and patrons in that portion of the premises where alcoholic liquors are sold, served, delivered or consumed. In no event shall the intensity of such interior lighting be less than one foot-candle power light when measured at a point thirty inches (30") from the floor whenever persons and patrons are sitting or standing within the premises. (Ord. 344, 8-5-1969, eff. 9-8-1969; amd. Ord. 350, 9-23-1969, eff. 10-27-1969; Ord. 645, 11-14-1978, eff. 12-6-1978)

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4-2-7: LICENSE FEES:linklink

The license fees pursuant to this chapter, which shall be in addition to any other applicable license fee, shall be set by resolution of the city council. (Ord. 645, 11-14-1978, eff. 12-6-1978)
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4-2-8: LICENSE FEE PAYMENT AND TERM:linklink

All licenses issued pursuant to the provisions of this Chapter shall be for a term of one year, except Class G or G-1 special event licenses, which shall be issued for the period specified.


A. Yearly Term: The yearly term shall commence on July 1 of each year.


B. Annual, Semi-Annual Fee: The annual license fee shall be paid on or before June 30 of each year, or the license fee may be paid semi-annually with one-half (1/2) to be paid on or before June 30 and the balance to be paid on or before December 31.


C. Revocation: If payment is not made by the date specified herein, the license granted to the licensee may be revoked by the License Board. (Ord. 344, 8-5-1969, eff. 9-8-1969)

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4-2-9: LICENSE APPLICATION:linklink

Whenever any person, corporation, partnership, social club or association of persons of any kind whatsoever desires to open, keep, carry on or conduct or engage in any business concerning the sale or other lawful distribution of any alcoholic liquor, such applicant shall make application in writing to the License Board on forms provided by the business license office, to obtain a license therefor.


A. Information Required: The application form, in original and one copy, shall contain the following information, all of which shall be filed and in possession of the business license office:

1. The name and residence of the applicant.

2. Citizenship of applicant.

3. The kind of license desired, and the particular place for which such license is desired, and the name of the owner of the premises where such business is to be operated.

a. Copy of lease, evidence of ownership, bill of sale or escrow instructions on premises shall be submitted with application.

4. All persons having any interest in the business asked to be licensed, including stockholders owning in the aggregate more than fifteen percent (15%) of the stock of such corporation.

a. If a partnership, an executed copy of the partnership agreement shall be submitted with application.

b. If a corporation, a certified copy of the articles of incorporation shall be submitted with application.


B. Documents Required: The following documents shall be submitted with the application form:

1. Current financial statement.

2. A building permit from the City building section, if new building or conversion of premises is contemplated.

3. A valid business license issued by the City for the primary business.


C. Fees: The first annual license fee shall accompany the application, to be returned to applicant if the applicant is denied, together with the necessary investigation fees.


D. Statement Of Understanding: The application shall include a statement that if such application is approved and a license issued, it will be accepted by the applicant subject to the terms and provisions of this Chapter, and such other rules and regulations as may at any time hereafter be adopted or enacted by resolution or ordinance of the City Council, including an acknowledgment of the power and authority of the License Board, or other authorized representative of the City to enter any store, building or any other place in which such business is being conducted at any time during business hours for the purpose of examining the books of account of the business to ascertain the real parties in interest in the business, and all persons having interest in such business, including persons who may have loaned or otherwise advanced money for the operation and conduct of such business.


E. Verification Of Application: Such application shall be verified by the person submitting the same and such person shall acknowledge that he has read and understands and will abide by the entire Liquor Control Act Chapter or any amendments thereto. In the event a misrepresentation be discovered at any time thereafter, it shall be cause for suspension or revocation as provided in this Chapter.


F. Adding Applicants: If an applicant is requesting to be added to an existing license, the application form thereof shall be completed, in original and one copy, together with the foregoing documents as provided hereinabove, and necessary investigation fee.


G. Availability Required: No application shall be accepted by the business license office unless a license in a particular category is available for issuance.


H. Corporation Or Association; Verification: When an applicant for a license is a corporation or association, the application must be verified by its president, secretary or manager, and in addition to the disclosures hereinbefore required to be set out in the application, there shall be set forth the names and addresses of all officers and directors and the name and address of the person who shall have the management of its business for which or in connection with which a license is desired.


I. Fictitious Name Certificate: Copy of proposed certificate of doing business under fictitious firm name, which shall be filed with the County Clerk, shall be submitted upon approval of the application.


J. Investigation Fee: Any person filing an application for an alcoholic liquor license of any of the classes enumerated herein shall deposit with the business license office an investigation fee as set forth by resolution of the City Council.


K. Withdrawal Of Application: If any applicant withdraws his or its application prior to the beginning of an investigation, all fees deposited shall forthwith be returned to the applicant.


L. Application Filing Deadline: Each application must be completed in full and filed with the business license office, together with the required investigation fees and the annual liquor license fee, at least thirty (30) days before the meeting date set by the License Board before the application is to be placed on the agenda; and each applicant must be present at the License Board meeting at the time the application is presented. (Ord. 344, 8-5-1969, eff. 9-8-1969)

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4-2-10: INVESTIGATION OFFICER:linklink

The Chief of Police or his designee shall serve as the Investigation Officer of the City. The Investigation Officer shall have the duty to make a recommendation to the License Board concerning the qualifications of the applicant for a license hereunder or for a licensee for renewal thereof.


A. Application Review: The Investigation Officer shall review the application and all related matter filed therewith.


B. Examination: The Investigation Officer shall have the right to examine, or cause to be examined, under oath, any applicant for an alcoholic liquor license or any licensee upon whom notice of revocation or suspension has been served.


C. Books And Records Examination: The Investigation Officer shall have the right to examine or cause to be examined the books and records of any such applicant or licensee.


D. Hear Testimony: The Investigation Officer shall hear testimony and take proof from such applicant or licensee for information in the performance of his duties.


E. Determination Of Business Purpose: The determination of an applicant's principal business purpose shall be made by the Investigation Officer.

F. Emergency Suspension Order Review: The Investigation Officer shall review any emergency suspension order, as provided in Section 4-2-18 of this Chapter. (Ord. 344, 8-5-1969, eff. 9-8-1969)

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4-2-11: LICENSE BOARD:linklink

The License Board shall have the authority to grant, deny, renew, suspend, revoke or reinstate any application for alcoholic liquor license.


A. Meetings: Meetings of the License Board shall be called in accordance with Nevada Revised Statutes open meeting law.


B. Quorum: A majority of the members of the License Board shall constitute a quorum. A majority vote of two (2) members present shall be necessary to authorize the issuance of any license at any meeting or to transact any other business, with the following exception:

1. Any application for license recommended for denial by an affirmative vote of two (2) or more members of the License Board shall not be granted by the License Officer. (Ord. 344, 8-5-1969, eff. 9-8-1969; amd. 1995 Code)


C. Appeal:

1. An applicant may appeal the Liquor Board's denial of a license to the City Council by filing a request for appeal with the City Clerk. A request for appeal shall be filed within five (5) calendar days after receipt of the notice of decision to deny.

2. Upon receipt of the notice of appeal, the City Clerk shall schedule the matter for review at a regular meeting of the City Council and shall give notice of the date, time and place thereof to the appellant.


D. Class G-1: A Class G-1 special event limited license for permission to sell or give away beer, wine and wine coolers to the general public in a public place for consumption only on the premises and not for resale in any form at such location may be granted by the License Officer. (Ord. 418, 8-24-1971, eff. 9-27-1971; amd. 1995 Code)

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4-2-12: ISSUANCE OF LICENSE:linklink

Upon the approval of an applicant for license, or licensee for renewal thereof, by the License Board, a license shall be issued:


A. Signature Of Officer: All licenses issued hereunder shall bear the signature of the License Officer. (1995 Code)


B. Renewal, Suspension, Revocation; Fees: All licenses shall be subject to renewal, suspension or revocation, and the fees therefor shall be paid as herein provided.


C. Display: Such license shall be prominently displayed in the place of business for which it is issued and shall be retained by the licensee as long as it is in effect.


D. Return Of Suspended Or Revoked License: All licenses which are suspended or revoked shall be returned to the License Officer. (Ord. 344, 8-5-1969, eff. 9-8-1969)

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4-2-13: RENEWAL OF LICENSE:linklink

Any licensee may renew his license at the expiration thereof; provided, that he is then qualified to receive a license and the premises for which such renewal license is sought are suitable for such purpose; provided, further, that the renewal privilege herein provided for shall not be construed as a vested right which shall in any case prevent the License Board from decreasing the number of licenses to be issued within the City.


A. Good Standing; Renewal Application: Those licensees whose license is in good standing shall be furnished a renewal application form and shall be billed by the business license office on or before May 31 of each year and shall be due and payable as set forth hereinabove.


B. Failure To Notify Not Waiver: Actual receipt of the billing notice and renewal form by the licensee is in no event required and the failure of the City to notify any licensee shall in no event be construed or held to be a waiver of the payment of such license fee. (Ord. 344, 8-5-1969, eff. 9-8-1969)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16361#s290735
4-2-14: CHANGE OF LOCATION:linklink

A license issued hereunder shall permit the sale of alcoholic liquor only by the licensee in the premises described in the application and license. Such location may be changed only after an application to change location has been filed and approved by the License Board, and after a written permit to make such change is issued by the License Officer. No change of location shall be permitted unless the proposed new location is in compliance with the provisions and regulations of this Chapter. (Ord. 344, 8-5-1969, eff. 9-8-1969)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16361#s290736
4-2-15: SALE, ASSIGNMENT OR TRANSFER OF LICENSE:linklink

Any alcoholic liquor license shall be a purely personal privilege and the sale, assignment or transfer of such license is prohibited. (Ord. 344, 8-5-1969, eff. 9-8-1969)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16361#s290737
4-2-16: DISCONTINUANCE OF BUSINESS:linklink


A. Automatic Revocation: In the event the holder of an alcoholic liquor license shall discontinue business for more than sixty (60) days without the specific approval of the License Board, such license shall be automatically revoked without action by the License Board.


B. Nonuse: In the event an alcoholic liquor license is not put to active use within one hundred twenty (120) days after its issuance, or is not kept in actual use for a period of one hundred twenty (120) days, such license shall be subject to revocation; provided, however, the holder of an existing license may apply to the License Board for an additional period of one hundred twenty (120) days. The intent of this Section is that alcoholic liquor licenses shall be put into actual operation and will be revoked if not used within the time prescribed. (Ord. 344, 8-5-1969, eff. 9-8-1969)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16361#s290738
4-2-17: INSPECTIONS:linklink

It shall be unlawful to refuse to grant admittance to the premises for which an alcoholic liquor license has been issued at any time upon verbal request of any police officer, the health officer, or any member of the License Board, for the purpose of making an inspection of such premises, or any part thereof. (Ord. 344, 8-5-1969, eff. 9-8-1969)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16361#s290739
4-2-18: SUSPENSION OR REVOCATION OF LICENSE:linklink

The License Board may suspend or revoke for cause any alcoholic liquor license for any violation of any provision of this Chapter, or for any State law pertaining to the sale of alcoholic liquor.


A. Closure Of Establishment: The Chief of Police, shall have the authority, as an emergency exercise of the police power, to close any establishment licensed hereunder if the same is being conducted in a manner which adversely effects the public peace, safety or welfare of the City.

1. Within ten (10) business days after such closing, the License Board shall meet, after providing at least forty eight (48) hours' notice to the licensee, for the purpose of considering a recommendation for or against final suspension or revocation. Within ten (10) business days from the conclusion of the said hearing, the License Board shall then make a determination as to whether or not the closed establishment shall have its license temporarily suspended or permanently revoked.

2. The License Board may reinstate such license with any terms and/or conditions as it determines fit and proper.

3. In the event the License Board determines to permanently revoke a license, the licensee may appeal the License Board's decision to the City Council in the manner prescribed in subsection 4-2-11C of this Chapter.


B. Food Establishments: An alcoholic liquor license issued to any person also operating a food establishment, as defined by the health department, shall automatically be revoked without action of the License Board when such person's health permit has been revoked by the health officer, and the License Officer is directed to immediately obtain possession of the license. No new license may be issued until such person again possesses an unrevoked health permit from the health officer.


C. Authority: The License Board shall have the right to suspend or revoke licenses granted under this Chapter, and invoke penalties as set forth in this City Code, on such terms and conditions as may seem fit and proper to said Board for the purposes of protecting the public health, safety and welfare. (Ord. 344, 8-5-1969, eff. 9-8-1969; amd. Ord. 380, 10-13-1970, eff. 11-16-1970; 1995 Code)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16361#s290740
4-2-19: DISPOSITION OF FEES:linklink

All fees collected under the provisions of this Chapter shall be paid to the business license office. In the event the license applied for is denied, the application fees shall be returned to the applicant, unless otherwise prohibited herein. Such fees shall be deposited in the General Fund of the City. (1995 Code)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16361#s290741
4-2-20: SALE TO MINORS; CERTAIN PERSONS:linklink


A. Sale To Minors: It shall be unlawful for any licensee or any person employed in a place of business which sells alcoholic liquor, to sell, service, give away or dispense alcoholic liquor to any minor.


B. Sale To Intoxicated Persons: It shall be unlawful for any licensee, or any person employed in a place of business which sells alcoholic liquor, to sell, deliver or give away any alcoholic liquor to any intoxicated person. (Ord. 344, 8-5-1969, eff. 9-8-1969)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16361#s290742
4-2-21: EMPLOYMENT OF MINORS:linklink

It shall be unlawful for any licensee to permit any person under twenty one (21) years of age to tend any bar; to draw, pour, mix or serve any alcoholic liquor. (Ord. 344, 8-5-1969, eff. 9-8-1969; amd. Ord. 380, 10-13-1970, eff. 11-16-1970; 1995 Code)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16361#s290743
4-2-22: PENALTIES FOR VIOLATIONS:linklink

Any person violating the provisions of this Chapter shall be guilty of a misdemeanor and shall, upon conviction, be subject to the penalties as prescribed in Section 1-4-1 of this Code. (Ord. 840, 11-10-1987, eff. 12-9-1987; amd. 1995 Code)


http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=16361#s290744